224 Leslé Jansen and Rayna Sutherland
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Hottentots Code of 1809 and the Masters and Servants Act of 1856 were
among a series of laws which legalised the restriction of the Khoikhoi’s
movement, land rights and further bound their livelihoods to that of
commercial farm labourers.
•
The Apprentice Act of 1812 legalised the forced removal of Khoikhoi children from their parents to serve as farm labourers.
Apartheid Era:
1948–1990: White minority rule under the apartheid era.
•
Native Land Act of 1913 further legitimised the dispossession of lands as
it affirmed the white minority’s ownership to approximately 90% of the
land and confined the Black majority rights to the remaining 10% of the
land.
•
Race Classification and Population Registration Act of 1950 forcibly
classified the Khoikhoi and San as “Coloured” along with several other
communities.
•
Group Areas Act of 1950 once again forcibly removed the Khoikhoi from
their homes as per their racial classification.
1990–1994: Negotiations to end apartheid and form new democratic
government.
Post-Apartheid Era:
1994: First democratic election of South Africa and new democratic constitution is drawn.
1994: Restitution of Land Rights Act 22 of 1994 is formed to restore land
and provide other remedies to people dispossessed by racially discriminatory legislation and practice. The 1913 cut-off date for restitution claims discriminated against Khoikhoi as their historical claims dating from the start of
European colonisation in 1652 were not seen admissible.
1996: President Mandela promulgates the 1996 Constitution of South
Africa; yet, the Khoikhoi and San are left out of legislative recognition and
governance inclusion within the institution of traditional leaders.
1999: The National Khoi and San Council is established as the official
forum to negotiate with government regarding constitutional accommodation of the Khoikhoi and San.
1999: San, Cape Khoi, Griqua, Korana and Nama, five major Khoi and San
groupings, were written into a Status Quo report.
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